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Indiana Law - Disability Benefits
If a spouse becomes disabled and is receiving disability benefits, the
question arises as to whether those benefits are separate property of
the spouse who is receiving them, or whether they may be divided in
the divorce.
Disability benefits, if being received at or before the time of the hearing, would most
likely be property subject to division in the divorce, regardless of which party was injured.
This follows the "one pot" theory under which all assets of both parties are available for
distribution.
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